Warner v. Warner
Decision Date | 16 January 1962 |
Citation | 177 A.2d 350,54 Del. 400 |
Parties | , 54 Del. 400 Arthur Harry WARNER v. Mary Matilda WARNER. |
Court | Delaware Superior Court |
Joseph H. Flanzer, Wilmington, for plaintiff.
No appearance for defendant.
Arthur Harry Warner seeks an annulment of his marriage to Mary Warner on the ground that she had a living spouse at the time of the marriage. This is a valid ground for annulment under Delaware statute and either party may seek such annulment. 13 Del.C. § 1551(3). The following are the pertinent facts:
(1) On March 23, 1946, Mary married George E. Garvine.
(2) On February 3, 1950, Mary married Elmer C. Staats, Jr.
(3) On February 4, 1950, Mary obtained a final decree of divorce from George E. Garvine from this Court.
(4) On December 8, 1952, Mary married Arthur Harry Warner, plaintiff in this action.
(5) On March 26, 1953, Mary had her marriage to Elmer C. Staats, Jr., annulled by this Court on the ground that she had a living, undivorced husband at the time of her marriage to Staats.
(6) On October 1, 1960, Mary deserted plaintiff.
Can the existence of the void marriage to Staats form the sole basis for an annulment of the subsequent marriage to Warner?
The following statement in the American Jurisprudence discussion of annulment states the law on the subject:
An annulment...
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R. L. G. v. J. G.
...and thus should not bring into operation the provision of paragraph 3 of the agreement concerning marriage. She cites Warner v. Warner, Del.Super., 177 A.2d 350 (1962) as authority for this premise. The holding of the Warner case "In connection with the marital status of the parties an annu......